LAWS(GJH)-2017-12-151

STATE OF GUJARAT Vs. KRUNAL RAMCHANDRA MORJIKAR

Decided On December 28, 2017
STATE OF GUJARAT Appellant
V/S
Krunal Ramchandra Morjikar Respondents

JUDGEMENT

(1.) The applicant - State of Gujarat, by way of present application for cancellation of bail filed u/s 439(2) of the Code of Criminal Procedure, 1973, challenges order dated 21.8.2017 passed by the learned Additional Sessions Judge, Gandhinagar below Exh.1 in Criminal Misc. Application No.982 of 2017, whereby respondent accused was granted bail in connection with offences registered before Mansa Police Station being I - C.R. No.98 of 2017 for the offences punishable u/s 363, 366 and 376 of the IPC and u/s 4 and 6 of the POCSO Act.

(2.) In this case, learned Additional Judge, after considering investigation papers and after submissions of both the sides, released respondent accused on bail by imposing suitable conditions.

(3.) Learned APP states at bar that at the time of incident, the prosecutrix was aged 16 years and 06 months and she being the minor, the question of consent does not arise and therefore, the offence u/s 376 read with POCSO Act has been committed. Thus, he prays to cancel the bail granted to the present respondent accused.